Assignment Cover Sheet When submitting your assignment it must be accompanied by this Assignment Cover Sheet. Please make sure that you complete all of the details correctly. Provide ALL details requested on this form. Use one form for each assignment. Given name Hui Leen Surname Lau Student number 17620987 Email 7E3A1662@student.curtin.edu.my Unit name Business Law 100 Unit code 11011 Assignment title Assignment Two Date submitted 5 MAY 2014 Student‟s comment to tutor Mr. Ariffin
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makes the offer is the offeror; the person who receives the offer is the offeree. Offers‚ once accepted‚ may be legally enforced but not all statements will amount to an offer. It is important‚ therefore‚ to be able to distinguish what the law will treat as an offer from other statements which will not form the basis of an enforceable contract. An offer must be capable of acceptance. It must therefore not be too vague (Scammel v Ouston (1941)). In Carlill v Carbolic Smoke Ball Co (1893) it was held
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proposal. . 5. Essentials of proposal or offer. . i) Offer and invitation to treat distinguish. . ii) Intention to create legal relationship. . iii) Cross offer.
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and that the company having deposited £1000 as a sign of good faith meant that the wording of the advert could not be “mere puff” or advertiser’s patter. Furthermore‚ the court ruled that an advertisement could indeed be more than a simple invitation to treat and the wording of the advert made it clear that it was indeed making an offer open to the whole world. The Court then went on to rule that by purchasing the product and using it in the prescribed manner‚ Mrs Carlill had accepted the terms of
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LAW OF CONTRACT NOTES FOR DIPLOMA STUDENTS The Following are for the Lecture 1. Agreement: is an offer made by one person and an acceptance of that offer by a person to whom the offer is made. The offer and acceptance change their characters and become promises. Refer to Section 2 (1) (e) of the Act. Contract: must be an agreement. The agreement must be enforceable by law. Essential Ingredients: 1. 2. 3. 4. Free Consent Competency or Capacity Consideration Creates Legal relations
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UNIT 2: OFFER TUTORIAL SHEET 2 1. What is an offer? 2. Explain the two (2) types of offer? 3. Distinguish between an offer and an invitation to treat. 4. What types of communication do not constitute an offer? 5. Explain each type of communication identified in (4) above. 6. When is an offer effective? 7. Explain the difference between a counter- offer and request for information. 8. Explain whether each of the following is a bilateral offer‚ unilateral offer or not an
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Elaborating shortly on the case given‚ it can be seen that David‚ the offeror‚ places an ad in the newspaper Daily Bungle‚ in which it is responded by six different participants (offerees). Unfortunately‚ one of the cat‚ Bimmie‚ is injured and this made David to terminate the contract. In relation to this case‚ the offer and acceptance‚ thus the making of agreement‚ has been established. Offer‚ is when an offeror offers anything to the offeree‚ then the offeree makes an agreement through acceptance
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it will be necessary to show that there was a definite offer. Certain things look like offers‚ but aren’t always what they seem. Here are some examples. Invitations to treat are not offers (see: Invitation to treat). For example‚ putting an item on display in a shop window with a price label is not an offer‚ it is merely an invitation to treat. Pre-contractual negotiations‚ particularly in Conveyancing‚ may have the appearance of offers‚ but it will be necessary to satisfy the courts that a real
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Table of contents Page Part A: Question 1(Q1) 3 Question 2(Q2) 4 Question 3(Q3) 4 Part B: Question 1(Q1) 5 Question 2(Q2) 6 Question 3(Q3)
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The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement‚ we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms‚ provided that these terms are‚ in turn‚ accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance
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